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Fence 8 feet on my property

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savage87

Junior Member
What is the name of your state? Oregon

I built a 6' high cedar fence last year and kept it about 8 feet inside my property for about 160 feet. I did this so my kids wouldn't fall down over the bank. My neighbor is now taking care of the property and I noticed he planted some shrubs also. Do I need to have a letter made and have him sign it stating that the property from my fence to my property pins belong to me, and at any time I can terminate his use and plants from the property. I was told if he takes care of the property for seven years he could take possession of it.
Can you give me some idea's and direction to clear up the problem. Thanks, Joe
 


chrisy

Junior Member
Does the planting limit your access to your land?
Could the plantings be consider a fence?
Is your neighbor taking care of your land with out your writen authority?

If you answer yes to any of these question I would see a lawyer
 

shortbus

Member
Adverse possession can only arise if the use of the land is without the permission of you, the owner (that's the "adverse" part). If he signs an agreement that you give him permission to use the land, he cannot acquire the land down the line through adverse possession.

Technically he is trespassing on your land so you're also well within your rights to remove the shrubs and ask him to stay off. If he gets injured on your property, there's potential liability issues for you.

Consulting a lawyer is never a bad idea.
 

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